BREAKING: Court Dismisses Abba Kyari Application to Quash Charges
- A Federal High Court in Abuja has ruled on Abba Kyari’s plea seeking to void drug-related charges against him
- Kyari and his co-accused had prayed the court to quash the criminal charge against them in fresh motions on notice filed by their lawyers
- They urged the court to stop their trial, saying they had not been subjected to the internal disciplinary action of the Nigeria Police Council
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FCT, Abuja - The Federal High Court in Abuja on Wednesday, March 22, dismissed an application by a suspended Deputy Commissioner of Police, Abba Kyari, seeking to strike out charges against him.
In his ruling, Justice Emeka Nwite dismissed the application because the court has the exclusive right and jurisdiction to hear drug-related cases as enshrined in the Constitution of the Federal Republic of Nigeria and the National Drug Law Enforcement Agency (NDLEA) Act.
Channels Television reports that Justice Nwite held that Section 251 of the constitution confers the court the power to hear and determine the charge.
Kyari had told the court that the charges against him were premature, insisting that the NDLEA should have allowed police to exhaust its internal machinery before initiating the action.
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He told the court that the police had already commenced an investigation into allegations against him and issued an interim report.
Kyari maintained that he could only be charged in court upon the conclusion of the internal investigation by the police.
Kyari, a former head of the Intelligence Response Team of the Nigeria Police Force, is facing prosecution by the NDLEA.
He and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu were charged before a Federal High Court in Abuja with conspiracy to deal in 17.55kg of coca*ine.
NDLEA rejects Kyari, others' application
Daily Post reports that the NDLEA counsel, Joseph Sunday, opposed the application by the suspended police officers.
He argued that most of the cases cited by lawyers to the defendants did not relate to the Police Service Act, saying the instant charge against the defendant was a criminal matter.
He submitted that the defendants, through their applications, had not, by way of affidavit or legal argument, established any condition precedence required for the filing of this charge.
How Abba Kyari escaped the Kuje prison invasion
Legit.ng had earlier reported that Kyari was not among the inmates that escaped in the Kuje prison break last year when terrorists invaded the facility.
The embattled police officer said only God saved him and others from the terrorist attack.
The Islamic State in West Africa Province (ISWAP) claimed responsibility for the attack, which sparked nationwide outrage.